Supreme Court Nullifies Remission for Bilkis Bano Gangrape Convicts
- 10 Jan 2024
On 8th Jan, the Supreme Court recently revoked the Gujarat government's remission granted to 11 convicts involved in the gangrape of Bilkis Bano during the 2002 Gujarat communal riots, directing them to surrender within a fortnight.
Key Points
- Jurisdictional Overstep: The court cited that Gujarat, where the crime occurred, lacked authority to grant remission as the trial was transferred to Mumbai by the Supreme Court in 2004 due to concerns of fair trial and evidence tampering.
- Jurisdictional Ambiguity: The convicts' remission application should have been submitted in Maharashtra, where they were convicted, not in Gujarat as per Section 432 of the CrPC.
- Policy Voidance: The 1992 policy enabling early release, applied in this case, was annulled in 2014, prohibiting remission for heinous crimes.
- Unfulfilled Conditions: The convicts didn't comply with the trial court's fine payment condition for remission consideration.
- Remission Possibility: Convicts may reapply in Maharashtra under relevant policies, but the decision rests on the state's remission policy, considering the severity of the crime.
- Past Application: In 2019, one convict's attempt in Maharashtra was rejected based on guidelines requiring a minimum 28-year sentence for crimes against women and minors involving exceptional violence.
Remission in Legal Context: Understanding Reduction or Cancellation of Penalties
Definition and Distinctions
- Remission Defined: Refers to the reduction or cancellation of a penalty or punishment imposed by a court.
- Purpose: Allows authorities discretion to release a person entirely from their sentence or lessen the severity of the sentence.
Comparison with Furlough and Parole
- Distinct from Furlough and Parole: Unlike furlough and parole, remission involves a reduction in sentence while maintaining the original nature of the sentence.
- Furlough and Parole Defined: Furlough and parole refer to breaks from prison life, not alterations in the sentence itself.
Non-Automatic Process
- Discretionary Nature: Remission is not an automatic process; it depends on the discretion of relevant authorities.
- Procedures and Criteria: Specific procedures and criteria for remission vary based on the legal framework governing a particular offense.
Constitutional Provisions in India
- Article 72: Grants the President the power to pardon, reprieve, respite, or remit punishment, especially in cases of court-martial, offenses under Union government's executive power, and death sentences.
- Article 161: Empowers the Governor to grant pardons, reprieves, respites, or remissions of punishment for offenses falling under the State's executive power.
Statutory Provisions
- Prison Act, 1894: Defines the remission system.
- Section 432 CrPC: Provides state governments the authority to remit sentences, as prisons fall under state subjects.
- Section 433A CrPC: Imposes a minimum 14-year jail term for convicts with life imprisonment for crimes attracting the maximum punishment of death.
Supreme Court Judgements
- Kehar Singh vs. Union of India (1989): Emphasizes the right of prisoners to be considered for remission, denouncing the denial of remission.
- State of Haryana vs. Mahender Singh (2007): States that convicts have no fundamental right to remission; each case must be considered individually, considering relevant grounds.
Grounds for Remission
- Laxman Naskar v. Union of India (2000): Supreme Court lays down five grounds for remission consideration:
- Nature of the crime affecting society.
- Chance of the crime being repeated.
- Loss of the convict's potentiality to commit a crime.
- Purpose served by keeping the convict in prison.
- Socio-economic conditions of the convict's family.
Remission Eligibility for Life Sentences
- Minimum Serving Period: Convicts serving life sentences can seek remission only after serving a minimum of 14 years.
- Data Insight: According to Prison Statistics 2020, 61% of convicts in jail are serving life sentences.
